July 30, 2015, 2:42 p.m.

Restore The Fourth Files Amicus Brief In Critical Fourth Amendment Case

by Alex Marthews, National Chair

Restore The Fourth is turning its hand to something new: Filing its own legal amicus curiae (“friend of the court”) brief in federal appeals court.

The key remedy for Fourth Amendment violations is the ability of defendants to exclude evidence that was seized through an unconstitutional search. However, since 1984, the Supreme Court has narrowed this remedy, finding that exclusion is not required when the officer is relying in good faith on “binding appellate precedent” or on mistakes made by others. In US v. Ganias, a case now being reviewed en banc by the 2nd Circuit, there is a serious risk that this “exclusionary rule” will be narrowed even further.

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